Drunk Horseback Riding: Not a Crime in Most States Drunk driving laws typically prohibit a person from driving a vehicle while either under the influence of alcohol or drugs, or driving a vehicle with a blood alcohol level of .08% or higher. DUI or DWI cases can certainly be brought against drivers of cars, trucks, and motorcycles. But what about a DUI or DWI case against someone riding a horse?
The legal question in this type of DUI or DWI case will turn on how the term "vehicle" is defined in that state. The Pennsylvania Supreme Court was recently confronted with such a case, where two men were charged with drunk driving while on horseback. The court wrestled with the issue, and concluded that the DUI law simply did not apply.
A similar result was reached in Utah, where the court found the law to be too confusing and vague to be applied to those riding on horseback after imbibing. The problem has recently gained attention in Kentucky, where the Mayor of Olive Hill has been asked by townspeople to enact a law to deal with the increase in drunk-horseback riding incidents.
Although MADD may ultimately get behind this issue, it would appear that for the time being a horse may prove the safest way to get home, if a taxi cab or designated driver is not available. Laws may be enacted to curb the recent increase in horse DUI's, but in the meantime, Hi-Ho Silver away!
But We are in Oregon so:
814.140 Application of vehicle laws to animal on roadway. Every person riding an animal upon a roadway and every person driving or leading any animal is subject to the provisions of the vehicle code concerning vehicle equipment and operation of vehicles except those provisions which by their very nature can have no application. [1983 c.338 §665] 814.150 Failure to perform duties of person in charge of livestock on highway; penalty. (1) A person commits the offense of failure to perform the duties of a person in charge of livestock on a highway if the person fails to do any of the following: (a) When riding or leading a horse or other livestock on the highway, a person must keep a lookout for vehicles and use caution to keep the animal under control. (b) A person in charge of driving a herd of livestock on or across a highway shall position a person at the front of the herd to warn drivers that the herd is approaching. (c) A person in charge of livestock being driven on a highway shall use reasonable care and diligence to open the roadway for vehicular traffic. (d) If a horse or other livestock becomes frightened on a highway, the person riding or leading the livestock shall give a distress signal to an approaching driver by raising the person′s hand. (2) This section is only applicable if the livestock is an animal of the species of horses, mules, donkeys, cattle, swine, sheep or goats. (3) The offense described in this section, failure to perform duties of a person in charge of livestock on a highway, is a Class B traffic violation. [1983 c.338 §667]
Hence in Oregon, It is Illegal. I hate to see arguements go unresolved.
Drunk driving laws typically prohibit a person from driving a vehicle while either under the influence of alcohol or drugs, or driving a vehicle with a blood alcohol level of .08% or higher. DUI or DWI cases can certainly be brought against drivers of cars, trucks, and motorcycles. But what about a DUI or DWI case against someone riding a horse?
The legal question in this type of DUI or DWI case will turn on how the term "vehicle" is defined in that state. The Pennsylvania Supreme Court was recently confronted with such a case, where two men were charged with drunk driving while on horseback. The court wrestled with the issue, and concluded that the DUI law simply did not apply.
A similar result was reached in Utah, where the court found the law to be too confusing and vague to be applied to those riding on horseback after imbibing. The problem has recently gained attention in Kentucky, where the Mayor of Olive Hill has been asked by townspeople to enact a law to deal with the increase in drunk-horseback riding incidents.
Although MADD may ultimately get behind this issue, it would appear that for the time being a horse may prove the safest way to get home, if a taxi cab or designated driver is not available. Laws may be enacted to curb the recent increase in horse DUI's, but in the meantime, Hi-Ho Silver away!
But We are in Oregon so:
814.140 Application of vehicle laws to
animal on roadway. Every person riding an
animal upon a roadway and every person
driving or leading any animal is subject to
the provisions of the vehicle code concerning
vehicle equipment and operation of vehicles
except those provisions which by their very
nature can have no application. [1983 c.338 §665]
814.150 Failure to perform duties of
person in charge of livestock on highway;
penalty. (1) A person commits the offense of
failure to perform the duties of a person in
charge of livestock on a highway if the person
fails to do any of the following:
(a) When riding or leading a horse or
other livestock on the highway, a person
must keep a lookout for vehicles and use
caution to keep the animal under control.
(b) A person in charge of driving a herd
of livestock on or across a highway shall position
a person at the front of the herd to
warn drivers that the herd is approaching.
(c) A person in charge of livestock being
driven on a highway shall use reasonable
care and diligence to open the roadway for
vehicular traffic.
(d) If a horse or other livestock becomes
frightened on a highway, the person riding
or leading the livestock shall give a distress signal to an approaching driver by raising
the person′s hand.
(2) This section is only applicable if the
livestock is an animal of the species of
horses, mules, donkeys, cattle, swine, sheep
or goats.
(3) The offense described in this section,
failure to perform duties of a person in
charge of livestock on a highway, is a Class
B traffic violation. [1983 c.338 §667]
Hence in Oregon, It is Illegal. I hate to see arguements go unresolved.
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